GLENN SMITH, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, CAPT. L.L. HATCHER, SGT. JEFFREY PIPPIN, CO., CHRISTOPHER M. LISTER, CO., JAN D. HEFFEL, AND MARCELL JOHNSON, APPELLEES
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The appellate court affirmed in part and reversed in part the summary denial of a motion for post-conviction relief, finding that while two grounds were properly denied, the trial court failed to attach a necessary record document for the third ground.
The appellate court affirmed the denial of two grounds of Lister's post-conviction relief motion but reversed the denial of the third ground because the trial court failed to attach a document from the record that supported its decision.
Frederick Lister appealed the summary denial of his motion for post-conviction relief. The trial court denied two of his claims, which the appellate c…
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PER CURIAM.
REVERSED. The Department of Corrections concedes that the trial court erred in dismissing appellant’s complaint for failure to exhaust his administrative remedies. We, therefore, reverse the order of dismissal and remand for further proceedings.
ALLEN, WOLF, and WEBSTER, JJ., Concur.